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Home My WebLink AboutO-2003-043 Dedication of Land for parks Open space and recreation areas. ORDINANCE NO. 2003-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO DEDICATION OF LAND AND FEES IN LIEU THEREOF FOR PARKS,OPEN SPACE AND RECREATION;AMENDING CHAPTER 19 "PLANNING AND DEVELOPMENT," ARTICLE VI "DEDICATION OF LAND FOR PARKS,OPEN SPACE AND RECREATION AREAS,"SECTIONS 19.71 AND 19.72 OF THE CODE OF ORDINANCES TO PROVIDE FOR DEDICATION OF LAND OR FEE IN LIEU THEREOF WHEN A BUILDING PERMIT FOR A RESIDENTIAL UNIT IS REQUIRED; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,new residential development creates a need for parks,open space and recreation in the City of Dania Beach ("City"); and WHEREAS, the City Commission of the City of Dania Beach ("Commission") has determined that new residential development should pay a fair share of the costs of providing such needed parks, open and recreation; and WHEREAS, the City currently only requires residential development that is to be platted within the City to pay its fair share of such costs through land dedication or a fee in lieu of land dedication, while other residential development is not required to pay its fair share; and WHEREAS, an amendment to the Code of Ordinances to require that residential development which requires a building permit pay its fair share of such costs is in the interest of the public health, safety and welfare. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 19 "Planning and Development," Article VI "Dedication of Land For Parks,Open Space And Recreation Areas,"of the Code of Ordinances is amended by amending Sections 19-71 and 19-72 to read as follows: Sec. 19-71. Requirement; formula for dedication. All persons platting land for residential purposes or obtaining a building permit for a residential unit with the City of Dania Beach shall be required to dedicate land or pay a fee in lieu of land dedication to the city,land-to be used for parks,passive or active open space or recreational purposes; and to meet the needs created by their development and use of the land. Lands shall be dedicated according to the following formula: 1 ORDINANCE NO. 2003-043 If the development subject to a building permit has previously dedicated land or paid a fee in lieu of dedication under this section,then the fee otherwise due at building • permit shall be reduced by the amount previously paid and attributable to the development subject to the building permit. Any development for only a single residential unit which by the formula above requires less than 500 square feet of dedicated land has a minimal impact and shall not be required to comply with this section. Sec. 19-72. Payment of fee in lieu of dedication. Where land sueh dedication is determined by the city to be not feasible or appropriate beeat se of the size of land to be platted-the developer shall in lieu thereof pay to the city a fee, the amount of such fee to be based upon the fair market value of the land which would otherwise be required to be dedicated, as determined by the city commission based upon current appraisals.Alternatively,if the developer objects to such amount of evaluation he may, at his own expense,obtain an appraisal of the property by a qualified real estate appraiser,which appraisal may be accepted by the city commission if found reasonable, or the city and developer may agree as to the fair market value. Section 2. That,except as amended above,all other provisions of Chapter 19 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on November 25, 2003. PASSED AND ADOPTED on second reading on December 8, 2003. 1) 4- --, - OB WNTON MAY COMMISSIONER 2 ORDINANCE NO. 2003-043 • ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES CHARLENE J SON COMMISSIONER FLURY- YES CITY CLERK COMMISSIONER MIKES - YES VICE MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO RM AND CORRECTNESS: THOMAS J AN.�B CITY ATTORNEY • 3 ORDINANCE NO. 2003-043 AGENDA REQUEST FORM CITY OF DANIA BEACH 0 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 8, 2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — LOCAL PARK IMPACT FEES: RESIDENTIAL DEVELOPMENT (2ND READING) 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE —2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: TEXT AMENDMENT AMENDING REQUIREMENTS FOR ALL PERSONS EITHER PLATTING LAND OR OBTAINING A BUILDING PERMIT (WHEN PLATTING IS NOT REQUIRED) TO DEDICATE LAND OR PAY A FEE IN LIEU OF LAND DEDICATION. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Public Hearing Notice ® 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board reviewed this request at their November 19, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Date December 1, 2003 Community Development Department City Manager Date CITY OF DANIA BEACH ® COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 8, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds AICP, Director SUBJECT: Local Park Impact Fees: New Residential Development and Redevelopment (SECOND READING) APPLICANT: Community Development Department The City currently only requires residential development that is to be "platted" pay its fair share of local park impact fees. As such, property platted decades ago is not now required to pay its fair share impact fee. This proposed amendment would require all persons either platting land or ® obtaining a building permit (when platting is not required) to dedicate land or pay a local park impact fee in lieu of land dedication. Single residential units which require less than 500 square feet of dedicated land would be exempt from this requirement. CITY COMMISSION PREVIOUS ACTION On November 25, 2003 the City Commission approved the text amendment on first reading. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION On November 19, 2003 the Planning and Zoning Advisory Board recommended approval of this text amendment. Local Park Impact Fees-2nd reading.doc CITY OF DANIA BEACH 20NIN0 AMENDMENTS NOTICE IS_HEREBY GIVEN;that a public tieanng will ba held before tha.City,Comrnissiomof the=City of-Dania Beach on December 8;'2003"at_7F;00 p-m,or as soon thereafter as possible;m the.Dania Beach Crty Com mission Room;Administrative Center,100 West Dania Beach Blvd';;Dania,Beach,Flohda.33004,for;the pur` pose.'of considering adoption on;2nd and final readingg of proposed ezt changes`t0 the Dania Beach Code"of. Ordinances as folloais�; ; �;"�, { ,: 5 Revislons,toTZomng In P,rogress,;AN ORDINANCE:OF THE CITY'.OF.DANIA BEAGH'F.LORIDA P,ERTAINING,TO ZONING;`AMENDING CHAPTER'28'ZONING:;ARTIC. 'ADMINISTRATIONS AND ENFORCEMENT'SECTION 9.241,'%AUTHORITY,TO:iUVITHHOLD.PERMITs6 AND -LI LENSES;ZONING IN,PROGRESS':OF:THE'CODE'O ,,OR= DINANCES.TOALTERTHEPROCEDUREF,OR,DECLARING , AND ENF,DRCING',ZONING'IN:PROGR THE ESS;,WITHIN; ' CITY`AND'EXPAND-THE`ZONING MATTERS SUBJECT.TO THE<PROCEDURE;`PROVIDING.FOR,) FLIC,TS;'PRO- VIDING"A SAVINGS CLAUSE PROVIDING FOR;SEVERA= BILITY FURTHER PROVIDING,FOR ANC EFFECTIVE DATE fi a r.•,k. Revisions to Parkampact Fees: `AN,ORDINANCE OF. THE CITY OF;jDANIA.BEACH,FLORIDA;PERTAINING TO DEDICATION OFLAND"AND FEES IN LIEU,THEREOF FOR PARKS 'OP,EN''SPACE,'AND`;RECREATION;'AMENDING CEtAPTER 19`'PaNNING AND DEVELOPMENT'ARTICLE VI•'DEDICATION,OF;L'AND;FOR'PARKS OPEN SPACE ANDIRECREATION AREAS SECTIONS 19.71 AND'19.72 OF THE CODE;OEORDINANCES TO;PROVIDE'FOR DEDI°-, CATION OFWLAND ORFEE IWON THEREOF„-WHEN.A BUILDING_PERMIT'F,ORA;�RESIDENTIAL�UNIT IS RE- QUIRED;,PROVIDING;FOR CONFLICTS;,PROVIDING A SAVINGS„'CLAUSE,._PROVIDING;:FOR SEVERABILITY; FURTHER,PROVIDING'FOR AN EFFECTIVE DATE: Revisions to'-Sign Code;,,AN ORDINANCE;AMENDING ® CHAPTER 28;ZONING'tOF THE CODE OF ORDINANCES OF THCCITY OF DANIA HA&-,'F.CORI DA' BY AMEND= ING ARTICLE 2 DEFINITIONS AND ARTICLE WSIGNS'. TO;REVISE AND•;UPDATEt THE;CITY S,SIGN REGULA TIONS,.'PROVIDING;F,OR CONFLICTS;,PROVIDING FOR SEVERABILITY FURTHER PROVIDING FOR'AN EFFEC- TIVE QATE Principal Arterial Design Regulations'ANORDINANCE OF THE CITY;DF,DANIA,BEACH;-FLORIDA,AMENDING CHAPTER,28''Z6NING",ARTICLE "SUPPLEMENTARY. USE.REGULATIONS-"-_`,SECTION:6:60"MISCELLANEOUS• USES,::SUBSECTION',6'64';"PRINCIPAL ARTERIAL com- MERCIAL,DESIGN,STANDARDS OVERLAY%';OFTHE CITY CODE OF":ORDINANCES;TO MODIFYTHE,THRESHOLD FOR COMPLIANCE WITH,THE,STAND ARDS;PROVIDING FOR CONFLICTS;:P.ROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE Copies of•the proposed.changes are available for viewing.in,.the:Department of,Community Develop- ment,100 West Dania Beach BIVd.,,Dania.BeaiCh'Flori- da.between.the hours of.8:00 a m..and 4:00 p.m.; Monday_ Friday please.Cal1!(954).92g-3645.for more information. Interested parties may appear at the public hearing and be heard with respect to the pro- posed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Charlene John- son, City Clerk, 100 W::bania Beach. Blvd, Dania Beach,.FL'.33004,:(954)924-3622; at least;48 hours prior to meeting f; Any person who decides to appeal any decision made by the City:Commission with regard,to an yy matter considered:at this':meeting or hearing.will,.'need a record,of tl a proceedings and for such purpose may need to ensure that a verbatim.record of the proceed- ings'is made;.which record includes the testimony and is: upon which the appeal,is_to based. Lou Ann Cunningham,. Planning ASsociate November 28,200a:.